Sublet Problems: What to Do When Something Goes Wrong

First, Remember Who Is Responsible

In a sublet, your lease with the landlord carries on. You owe the rent and you answer for the apartment. The subtenant owes you under the sublease.

That shapes every answer below: protect your lease first, then settle things with the subtenant.

If the Subtenant Pays Late

1. Pay your landlord on time anyway, from your own money if you have to.
2. Send a short, friendly message the day after the due date: the amount, the date it was due, and a request to pay or to say when they will.
3. If there is no answer in a couple of days, write again and quote the line in the sublease about rent and lateness.
4. If they are in real difficulty, agree a dated catch-up plan in writing, or agree an early end.
5. If it keeps happening, get advice before the amount grows.

Keep a simple record: each payment, its date and how it was made.

If the Subtenant Wants to Leave Early

Look at what the sublease says about ending early and how much notice is needed. If it says nothing, talk. Most people will agree to something fair.

A common fair deal is that they pay until a set date or until you find someone else, whichever comes first. Put the new end date in writing, and both confirm it.

A replacement is a new sublet. They need your landlord’s written approval too, with a new request if your building is covered by the state sublet law.

• How to Ask Your Landlord to Sublet

If Something Breaks

Ask for a photo and a description first. Then sort it into one of two kinds.

• The building’s job: heat, hot water, leaks, a broken stove or fridge that came with the apartment, pests. Report it to the super or landlord yourself, the way you normally would, and tell the subtenant when to expect someone.
• Damage to the room or your things: compare it with your move-in photos and inventory. Agree in writing who pays and how.

For anything urgent, such as no heat, a gas smell or flooding, the subtenant should contact the super and the right emergency service first, and you second.

If There Is a Roommate Conflict

Hear both sides separately, in writing or on a call. Go back to the shared-space rules you all agreed and ask each person which rule the problem is about.

Suggest one specific change, such as a cleaning schedule or quiet hours, and a date to check in again. If someone feels unsafe, take it seriously: ask your emergency contact to go over, and for an emergency call 911.

• Subletting with Roommates

If the Landlord Objects

Reply in writing, calmly, with copies of your approval: the consent letter or email, or your certified mail receipt and the date you sent the request.

If you had approval, say so and ask what the specific concern is. If you sublet without approval, stop and get advice straight away. In New York, a sublet that does not follow the legal process can be treated as a serious breach of the lease. The Rent Guidelines Board notes that this kind of breach can usually be cured by the subtenant moving out.

What You Must Not Do

Do not change the locks, remove the subtenant’s belongings, or cut off utilities to make someone leave. Under New York City’s illegal eviction law, a person who has lawfully lived in an apartment for 30 days or more, or who has a lease, generally can only be removed through a court case. Locking someone out can be an offense.

If a subtenant will not leave at the end of the sublease, get legal help. Do not act on your own.

When and Where to Get Legal Help

Get help when the landlord sends a formal notice, when a subtenant stops paying or will not leave, or when you are not sure a step is allowed.

• Call 311 and ask for the Tenant Helpline. The city’s Tenant Support Unit gives information on tenant rights and can refer you to legal services at no charge.
• Your school may have student legal services. Check its website.
• The New York Attorney General’s Residential Tenants’ Rights Guide explains the basics in plain language.
• New York City Housing Court has help centers and information on illegal lock-outs.